MORGENSTERN v. AUSTIN

No. 35960.

170 Ohio St. 113 (1959)

MORGENSTERN, APPELLEE, v. AUSTIN, APPELLANT.

Supreme Court of Ohio.

Decided December 2, 1959.


Attorney(s) appearing for the Case

Mr. Conrad J. Morgenstern, for appellee.

Mr. Wyatt C. Brownlee, for appellant.


Per Curiam.

The principal question raised by this appeal is whether the trial court erred in overruling defendant's motion for a directed verdict made at the close of all the evidence.

This raises the question as to whether plaintiff alleges and proved a cause of action against defendant. Plaintiff contends that defendant waived any question as to the sufficiency of the petition by failing to demur thereto. In this she is in error. The question as to...

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